Chicago Pneumatic Tool Co.

National Labor Relations Board - Board Decisions

May 10, 1943

49 N.L.R.B. 678 (N.L.R.B. 1943)

In the Matter of CHICAGO PNEUMATIC TOOL COMPANY and UNITED
STEELWORKERS OF AMERICA, AFFILIATED WITH C. I. O.
Case No. R-5151 .Decided May 10, 1943
White cf Case, by Mr. Thomas Kiernan, of New York City , for the
Company.
Mr. John W. Grajeiar , of Sharon , Pa., for the C. I. O.
Mr. Joseph E. Cub bins , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America,
affiliated With the C. I. 0., herein called the C. I. 0., alleging that a'
question affecting commerce had arisen concerning the representation
of employees of Chicago Pneumatic Tool Company, Franklin,
Pennsylvania, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before S. Craig Carnes, Trial Examiner. Said hearing was held at
Franklin, Pennsylvania, on April 8, 1943. The Company and the.
C. I. O. appeared, participated, and Were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
The Company and the C. I. O. filed briefs which the Board has con-
sidered. I
Upon the entire record in the'case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Chicago Pneumatic Tool Company,' a, New Jersey corporation, is
engaged in the manufacture of Diesel engines. The Company's plant
located at Franklin, Pennsylvania, is the only plant involved herein.
49 N. L. R. B., No. 99.
678
CHICAGO P\ E UMATIC TOOL COMPANY 679
9 '
During the year 1942 and the first 3 months of 1943, the Company
purchased raw materials valued in excess of $1,000,000 for use in the
plant,involved herein, approximately 10 percent of which was shipped
to it from points outside the Commonwealth of Pennsylvania. Dur-
ing the same period, the Company sold finished products from said
plant valued in excess of $2,000,000, of which approximately 75 per-
cent was sold and shipped to points outside of the Commonwealth of
Pennsylvania.
H. THE ORGANIZATION INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE- QUESTIONS CONCERNING REPRESENTATION
On August 31, 1942, the C. I. O. requested recognition as the collec-
tive bargaining representative of the Company's employees working
in the welding and plate department, but the Company refused to
grant the request stating that the employees in question were covered
by a contract between the Company and the International Associa-
tion of Machinists, affiliated with the American Federation of Labor,
herein called the I. A. M. On October 23, 1942, the C. I. O. filed a
petition wherein it requested a unit comprised of employees in the,
foundry and the welding and plate department. Following a con-
ference held on December 17, 1942, attended by, a Board agent and
representatives of the C. I. O. and of the Company, the C. I. O. withI-
drew its petition, since it appeared that the employees in the welding
and plate department were covered by said contract. On March 8,
1943, the C. I. O. filed the -petition, which is presently before the
Board, wherein it requests a unit comprised solely of employees in the
foundry.
The record shows that the Company and the I. A. M. entered into
a series of contracts, each for a period of 1 year, starting in 1935 and
continuing up to the present time. The earlier contracts covered only
members of the I. A. M., but the existing contract, which is dated
July 2, 1942,'and iseffective until July 3, 1943, covers all the Com-
pany's employees with the exception of foundrymen, pattern makers,
executive, supervisory, sales, engineering, and clerical force. The
Company's plant manager testified that the "men in the foundry"
were excluded because they "did not want'to be represented by any
organization."
The record reveals that at the 'present time the foundry employees
are not represented by the I. A. M. for bargaining purposes but have
680 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
dealt with the Company through an informal committee selected by
them from the various classifications in the foundry.
A statement prepared by the Regionals Director, introduced in
evidence at the hearing, indicates that the C. I. 0. represents a sub-
stantial number of employees in the unit hereinafter found
appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The C. I. 0. requests a unit of all foundry employees,2 exclusive
of foremen, and clerical and salaried employees. The Company con-
tends that the_ exclusion of foundrymen in the contract applies only
to the coremakers and molders and urges that the other classifica-
tions should be excluded from the unit since they are covered by the
terms of the contract.
From the evidence it is apparent that the employees in the foundry
have not been represented 'by the I. A. M. These employees have
dealt with the Company concerning grievances and other matters
through an unofficial committee of foundry employees. The foundry
employees form a homogeneous and separate group; there is relatively
little interchange between them and employees in the other depart-
ments of the plant. ,
Considering the entire record, we are convinced that the employees
in the foundry department are neither represented by the I. A. M.
nor are any of them covered by the contract in question. Therefore,
we find that all foundry employees in the Company's plant at Frank-
lin, Pennsylvania, exclusive of foremen, clerical and salaried em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by, an election by secret ballot among the em-,
1 The Regional Director 's statement shows that the C. I. 0 submitted 130 application-
^for-membership cards , all of which bear apparently genuine signatures , and all of which
bear names of persons whose names are listed on the Company ' s pay roll of January 16,
1943 ; the pay roll contains the names of 212 employees in the appropriate unit Thirty-
six of the cards were dated in September 1942 and 94 cards were undated.
2 A copy of the Company 's-pay roll of January 25, 1943, introduced in evidence, shows
the following classifications of employees in the foundry coremakers , molders, and their
apprentices , laborers , chippers , cranemen, hydro-blast operators , cupola men, mille,rights,
pattern tenders , electricians , janitor , truck driver, carpenter and pattern iepaiiman, and
sand mill operator.
CHICAGO PNEUMATIC TOOL COMPANY 681
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor
Relations Act, and pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Chicago Pneu-
matic Tool Company, Franklin, Pennsylvania, an election by secret
ballot shall be conducted as early as possible, but not later than thirty
'(30) days from the date of this Direction, under the direction and
supervision of the Regional Director for the Sixth Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 10, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did
not work during said pay-roll period because they were ill or on vaca-
tion or temporarily laid off, and including employees in the armed
forces of the United States who present themselves in person at the
polls, but excluding any who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
United Steelworkers of America, affiliated with the C. I. O., for the
purposes of collective bargaining.